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2026 DAILYLAW 9663 (BOM)

NANDINI MORILAL DALVI v. UNITED INDIA INSURANCE COMPANY LTD AURANGABAD

CA/10747/2026 · 2026-09-16

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Judgment text

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16 CA10747.2026 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 16 CIVIL APPLICATION NO. 10747 OF 2026 IN FA/2120/2024 NANDANI MORILAL DALVI VERSUS UNITED INDIA INSURANCE COMPANY LTD AURANGABAD ... Advocate for Applicant : Mr. V. D. Patnurkar Advocate for Respondent No.1 : Mr. Swapnil S. Rathi … CORAM : SACHIN S. DESHMUKH, J. Date : 16.09.2026 PER COURT :- 1. Heard. 2. The Appellant – Insurance Company has presented the appeal, while raising an objection to the compensation awarded by the tribunal, partly allowing the claim petition of the claimants. Pursuant to the order of this court, the insurance company has deposited the amount awarded by the tribunal. 3. The applicant upon attaining majority has presented this application seeking withdrawal of the amount of compensation to the extent of apportionment in the award by the tribunal, which is deposited by the Insurance Company. 2026:BHC-AUG:42517 16 CA10747.2026 -2- 4. Considering the facts and circumstances that the entitlement of the applicant is endorsed by the tribunal after considering the rival contentions of the litigating sides and to strike the balance in the competing interest, it will be appropriate to permit the applicant to withdraw the amount. 5. The Civil Application is allowed in terms of Prayer Clause “B”. The Applicant / Original Claimant No.4 is permitted to withdraw 50% of the amount deposited along with accrued interest thereon, on furnishing usual undertaking and further 25% of the amount deposited along with accrued interest thereon, on furnishing solvent surety / security to the satisfaction of the Registrar (Judicial) of this court, as apportioned by the tribunal. (SACHIN S. DESHMUKH, J.) marathe